Alicia Connelly-Foster of the Patchogue-Medford Congress of Teachers, NYSUT, AFT, NEA, and Viri Pettersen, President- Rockville Centre Teachers Association, NYSUT, AFT, NEA patiently explain that it takes a minimum of three years for a teacher to win tenure, during which time he or she is observed repeatedly by trained administrators.

They write:

“In New York state, the granting of due process is contingent on three years of observations. These observations are conducted by several different qualified administrators and occur quite frequently throughout each of these three years. Administrators hold degrees and certifications granted by the state, which, in turn, authorizes them to make these observations along with suggestions, criticisms and praise. Often, administrators from varying levels, including building principals, district-wide directors, or district office members, such as a superintendent of schools, observe the non-tenured teacher. New teachers are guided through mentoring by experienced educators, with supporting documentation showing that this mentoring occurred reported to our State Education department. The new teachers are required to participate in special professional development, geared to increasing their efficacy. At any point in this three-year process, administration or the Board of Education may elect to remove the teacher from the classroom, thus ending his/her employment with the district; no questions are asked. At the end of three years, the district has three options: to recommend the teacher for tenure (pending Board of Education approval), deny the teacher tenure, thus ending employment, or grant the teacher a fourth year of untenured status where the observation process, coupled with mentoring and professional development continues. At the conclusion of this fourth-year, the district has the option for retention as a tenured educator or dismissal.”

Why do teachers need due process? They write:

“Due process rights are important because they allow us to stand up for our students, through giving voice in supporting and protecting them. With due process, teachers can stand up for the student who we think may be unfairly suspended, especially when a parent is not available to defend the child. We can fight against rescinding support services of a special needs child because those services are too costly. Many times, parents may not be able attend their child’s CSE/IEP meeting. The only one in the room advocating for that child may well be the teacher.

“Without tenure, we could not stand up against the injustices we witness against children by districts that may temporarily have forgotten our reason for being here – our students and educational community. Without tenure, we could not stand up to our administrators/supervisors when something is wrong. Without tenure we could not stand up against harassment and workplace bullying. Without tenure, we could not stand up against racism, sexism, homophobia, bigotry and age discrimination. These days, many veteran teachers are no longer being viewed based on their outstanding contributions to our educational communities; instead they are more frequently being categorized based on their position on the pay scale. Without tenure, age-discrimination will become a pandemic in schools.

“Without tenure, the wonderful academic success stories and teacher innovations promoted in our educational communities are likely to dwindle because teachers will be afraid to defend their high student expectations to administration. Without tenure, academic freedom and creativity in the classroom will disappear. Without tenure, people will be afraid to defend social justice or advise the Gay-Straight Alliance Club at school, for fear of reprisal from a homophobic supervisor. Without tenure, teachers will be afraid to “tweet” and participate in political rallies (including those rallies where communities come together in the fight for better educational legislation and ending over-testing of students). Without tenure, teachers will be afraid to join a political party for fear of retaliation over their political ideologies. Without tenure, teachers will become afraid to be so-called “whistle-blowers” against a school district’s failure to comply with Special Education regulations. Without tenure, teachers will be afraid they may suffer for what their friends or family do. Without tenure, teachers will be afraid to refuse to change a grade or falsify attendance records and/or legal documents, if directed by an administrator.

“Tenure does not equate to “a job for life.” Tenure equates to due process rights, which requires the district to do its due diligence in removing a teacher from the classroom and prevents that reason from being arbitrary and capricious. As far as the union goes, it is not the union’s responsibility to “defend bad teachers”; rather, it is to ensure that the district has done everything it needs to do on its part and that corruption/abuse has not taken place during a due process hearing. (Note: To clarify another misconception being promoted by some, New York’s teacher tenure law has been streamlined to address lengthy due process hearings and cost associated therewith.)”

I think its also important to bring v up that while public school teachers use the same word “tenure” that colleges do, its meaning is different.

Look, sometimes poor teachers take a long time to be fired. But that’s just the way the law works. We also don’t go out and immediately punish people we think are guilty of crimes (unless they are young black men). We try them first. The wheels of justice grind slowly. We are all innocent until proven guilty. That’s due process.

Many thanks to the two teachers who took the time to do something so constructive and responsible. We are all in their debt, really, even if Whoopi ignores them, which is likely. The political problem is Whoopi’s celebrity status which gives her statements so much weight and circulation. A constructive letter cannot even the scales b/c it is invisible in the court of public opinion. How do we find a celebrity who will come out swinging against Campbell Brown and her lawyer allies? We need to match Whoopi at the level she travels in to make up the hit.

I had a long, successful career as a teacher in New York State. I had tenure for many years, and, frankly, never thought of it a a shield or a weapon. In fact, I never thought about it much at all because I was too busy doing the best job I could for my students. I got along with most colleagues and administrators with whom I had the occasional disagreement. After the conflict, we all moved on to focus on what was important, the students. During my almost four decades of teaching, I never heard so much negative press on tenure as I have the last ten years. Why? The attacks are part of a larger campaign of those that want to destabilize the profession and turn public school teachers into fast food workers. The privateers are the pirates of the new order in for profit education. When they opened up the flood gates to those that want to “open a school” like children that want to “put on a show,” a money making monster machine was born. With little planning, oversight and accountability, these schools appear like the good, the bad, and the ugly. Most of these human experiments, are in the bad and ugly category while wasting taxpayers’ dollars and children’s lives. Someone needs to stop the insanity! Unfettered capitalism is NOT the answer and applying those notions to education is a false equivalent and child abuse!

Wonderful letter. Can a copy be sent to Lawrence Tribe? Perhaps after reading it and some reflection, his great legal mind will lead him to reconsider his decision to sign on to the Campbell Brown traveling circus. Or maybe not. Since Prof. Tribe has long known he has been forever passed over for the Supreme Court ( and the lifetime tenure which goes with it), maybe the appeal of money is just too strong to bend to any liberal convictions he might profess to have.

Wish we could get Lawrence Tribe and David Boies to explain why they are working with Campbell Brown in NY to expand and win another Vergara-like decision. They are two of the most respected civil rights lawyers in the nation. Cannot fathom their thinking?

Diane, could you initiate a conversation with them? A triad with Ravitch, Tribe, and Boies could be a boon for all of us.

She will never “get” it. Do you think Connie Chung gets it? Bill Cosby? John Legend? They don’t get it. Once tenure is gone, collective bargaining will be gone. Teachers will be hired annually, required to reapply for their jobs each fall. Cheap will win. Part-time (which is already happening for specials) will win. Benefits will disappear. Standards will continue to be eradicated (for instance, a “traditional” teacher must pass the Praxis, be Highly Qualified, Certified and properly learned in their subject – but these rules are passed over to put TFAs into positions, over and above and instead of the truly qualified teachers. These regulations are swept aside by lobbying of special interest groups, who want charters with revolving door teachers, with no credentials because, lets face it, they are pushing a Rocketship curriculum, 100 kids to a room, with 2 walking-the-aisle clerks. There is money in the further destruction of public education. The reform pushers will not open their minds to what is right and what it true. The only way to stop the insanity, is a grassroots effort involving parents and, yes, students. Students against TFA is a fantastic start. Parent/teacher associations voting to stop the madness is a great start. Etc.

The reformy rhetoric is so well crafted, even sometimes it catches me off guard and I find myself having to decipher the true message; so do we most.

Wonderful. Thank you Diane. You know my story, but when it happened in 1998 I did not know that what was happening was their assault on tenure, which has led us to this moment, when at least it is visible, and their is this kind of dialogue. When I wrote my piece on the end of due process, I was alone in writing about it. I was a mere teacher blindsided my the lawlessness, at a time when I was at the pinacle of my career.

I hope that you and others will read it. I am not famous, nor am I an academic. But this is what I knew had happened.

It is on a site that can no longer be updatedhttp://www.speakingasateacher.com/, although I continue to host it because it is a view into the experience of a wonderful teacher at THAT moment when top-down replaced the bottom-up (as Rob Kall,the publisher at the site where I now write, would say) THE professional practice of the classroom teacher… the one who knows what learning really looks like, and what is needed to enable every emergent mind in that room to learn. A site which is not about teaching, but about learning.

It is that is what has been lost, the voice of the classroom practitioner, not a provider of facts, but a facilitator of learning.

So, I understand and agree with all of this…and I agree with the need for due process…but in the statement “Tenure does not equate to “a job for life.” Tenure equates to due process rights, which requires the district to do its due diligence in removing a teacher from the classroom and prevents that reason from being arbitrary and capricious” = how long should due process occur – six months? a year? how long should the teacher who is poor be kept in the classroom while due process happens?

I wonder if you read the part in the Letter from Two Teachers where they explain the first three years when a teacher is on probation and their trained administrators observe and evaluate them. During that time, they may be removed without cause. After that time, they can only be removed from their jobs for cause. Due process means “not capriciously.” Capricious removal of teachers happens frequently in Los Angeles and there needs to be safeguards to protect against it.

Yes, Cheryl, close to 500 in teacher jail since Vergara was decided, up from about 264 before the decision. Deasy bragged at the verdict that he would now fire more teachers rapidly. These are mainly teachers who have no history of bad incidents and reports, but rather they are generally 45 – 60 years old and are just about to vest for lifetime health care and retirement benefits. Out with the old, in with the new, like last years fashions.

Deasy just let out the highly respected and beloved Mrs. Robinson of Crenshaw HS, the national award winning teacher/choir director, who has had her inner city choir perforn not only at the White House, but before the Queen of England. Deasy tried to ‘can’ her for taking this amazing group of young musicians to Paris to perform, at NO COST to the District, but she had not gotten his permission for the trip during summer vacation.

Whoopi Goldberg is being “paid” to say things like that. They tell her what to say, and she is paid very well for continuing the “fight” against tenure. You people are very naive thinking that she is just stating her opinion.

Whoopi Goldberg is not worthy of the graciousness shown by this well written letter. She is indeed a tool, not funny, and she defended Michael Vick’s dogfighting as “cultural” which demonstrates a callousness and insensitivity that won’t be softened by reality.

What the letter does not add is that teachers aren’t just afraid that these things will happen to them. These things ARE happening to teachers all over the place, and lack of due process renders them powerless when they are targeted. I’m in a state with no tenure, and we have a tenuous hold on our posts here.

I really cannot remember the days of horrendous teachers when I was in school. Teachers who should not have been in the classroom were few and far between. Such an indictment of teachers in general is ludicrous and obviously self serving. If there was no profit to be made in this well orchestrated attack, it would disappear like a bad dream.

Where is Joy Behar when you need her? Behar has been living with and now married to a former NYC teacher for over 25 years. Perhaps, she could have enlightened Whoopi on the issue of the purpose of tenure.